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HomeMy WebLinkAbout20070823final_order_no_30410.pdfOffice of the Secretary Service Date August 23, 2007 BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF CITIZENS TELECOMMUNICATIONS OF IDAHO DBA FRONTIER COMMUNICATIONS OF IDAHO FOR AN INVESTMENT TAX CREDIT FOR INSTALLING QUALIFIED BROADBAND EQUIPMENT CASE NO. CTC- T -07- ORDER NO. 30410 On July 10, 2007, the Commission received an Application from Citizens Telecommunications of Idaho dba Frontier Communications of Idaho (Frontier) asking for approval of equipment for the broadband tax credit pursuant to Order No. 28784 and Idaho Code 9 63-30291(4). The 2006 broadband investment identified in Frontier s July 10 Application is in addition to equipment identified in an earlier Application. The Commission confirmed in Order No. 30341 that the equipment identified in the Company s April 18, 2007 Application qualifies for an Idaho broadband tax credit. To be eligible for the tax credit, the taxpayer must obtain an Order from the Commission confirming that the equipment has been installed and that it meets the definition of qualified broadband equipment set out in Idaho Code 9 63-30291(3)(b). Qualified broadband equipment must be capable of transmitting signals at a rate of at least 200 000 bits per second (bps) to a subscriber and at least 125 000 bps from a subscriber. The qualified broadband equipment must also "be necessary to the provision of broadband service and an integral part of a broadband network." Idaho Code 9 63-30291(3)(b)(i). In this Order, we find that Frontier investment meets the applicable standards. THE APPLICATION Frontier s July 10 Application identifies the Company additional broadband investments for the year 2006. Staff requested and received a revised itemization of equipment that will provide Asymmetric Digital Subscriber Line (ADSL) service to customers in McCall Cascade, Donnelly, Homedale, New Meadows, Horseshoe Bend, and Garden Valley exchanges. Frontier states the new equipment will allow network transmission rates of up to 512 Kbps for uploads from customers, and 3 Mbps for downloads to customers. The Company indicated the equipment is necessary and integral to its broadband network. The Company claims that 100% ORDER NO. 30410 of the identified investment will be used to provide service to Idaho customers. The Application identified approximately $500 000 of additional investment in broadband facilities in 2006. STAFF REVIEW To implement its responsibilities under Idaho Code 9 63-30291, the Commission issued Procedural Order No. 28784 in July 2001. This Order identifies information that must be included in an application for a broadband tax credit. Once the information is filed with the Commission, the Staff reviews the application and submits a recommendation to the Commission. Staff has reviewed the list of proposed broadband equipment submitted by Frontier and believes that the equipment identified meets the statutory criteria. Staff therefore recommended approval of the Application and further recommended that the Commission forward an approving Order along with a copy of the original Application to the Idaho State Tax Commission. COMMISSION FINDINGS Having reviewed Frontier s Application and Staff s recommendation, we find that the Application for a qualifying broadband equipment Order should be granted. The Company has demonstrated that it installed qualifying broadband equipment identified in its Application during 2006 in conformance with Idaho Code 9 63-30291. We further find that as configured the installed equipment is an integral part of a broadband network necessary to deliver broadband services to Idaho customers. The Commission accordingly issues this Order confirming that Citizens Telecommunications of Idaho dba Frontier Communications of Idaho has installed qualified broadband equipment as a precondition to seeking an Idaho broadband tax credit. The Commission makes no findings regarding the costs of the installed broadband equipment. ORDER IT IS HEREBY ORDERED that Citizens Telecommunications of Idaho dba Frontier Communications of Idaho s Application for an Order certifying that it has installed qualifying broadband equipment is granted. IT IS FURTHER ORDERED that a copy of this Order and a copy of the Application be served upon the Idaho State Tax Commission. THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally decided by this Order) may petition for reconsideration within twenty-one (21) days of the service date of this Order with regard to any matter decided in this Order. Within seven (7) days ORDER NO. 30410 after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code 99 61-626, 63-30291(4). DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this :lJ. day of August 2007. MARSHA H. SMITH, COMMISSIONER ATTEST: ~ill Je D. JewellCo ission Secretary bls/O:CTC-O7-02 ws2 ORDER NO. 30410